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(영문) 서울서부지방법원 2017.03.28 2017고단151

업무상과실치상

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A The director of the division of the advertising agency’s “C” is the person in charge of rap advertising (a advertisement that is stuck or raped to a building outer wall or a vehicle, etc.). Defendant B is the representative of “D” that is substantially the same company as the above “C,” and the victim E is a worker who has filed a complaint, such as removal of advertising materials attached to the outer wall of the building on the rops.

The advertising agency "C" was entrusted by another advertising agency with the advertisement of "G" from the F, and on November 9, 2015, on the outer wall of the total of 58 meters from "I building" located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, published raping advertisements by means of attaching "G" film posters for two weeks on the outer wall of the 6 to 13th floor of "G", and on November 24, 2015, the advertising agency employed four persons, such as the above victim E, etc. to remove the film posters.

1. The Defendant, as a person in charge of rap advertising advertising of the advertising agency “C”, employs workers in charge of filing complaints, such as installation or removal of advertising materials on the outer wall of the building, and has a duty of care to prevent accidents in advance by conducting complete safety management, such as checking the status of protective devices, such as the length and finish state of the street, whether the worker in question uses auxiliary lines, whether the worker in question uses the automatic lock, whether the user in question uses the automatic lock, whether the user in question uses the automatic lock, whether the user in question gets off or fastened, and whether there is any worker who has not been equipped with protective equipment, and conducting safety education against the worker.

2. Defendant B’s representative of “C” to which Defendant A belongs and, as the representative of “D”, the person in charge of “raping advertising” is required to guide and supervise the Defendant A to thoroughly conduct safety management, such as checking that the workers have worn protective equipment to prevent the fall, and if there is a risk of falling, to prevent the danger.